Isaac is Greene sheriff nominee

Published: Tuesday, August 1, 2006 at 3:30 a.m.

Last Modified: Monday, July 31, 2006 at 11:00 p.m.

A state Democratic subcommittee has overturned the Greene County Sheriff’s race, declaring incumbent Johnny Isaac the Democratic nominee with no opposition in November.

Isaac fell to former Deputy Isom Thomas in the June 6 primary, 2,138-1,895. Isaac contested the election before the Greene County Democratic Executive Commission, which upheld Thomas’ election.

However, the state subcommittee ruled unanimously that Thomas hadn’t properly filed his campaign finance forms.

“It’s mandatory," said Walter Braswell, Isaac’s attorney. “State law says that compliance with the fair campaign practices act is a qualification just like age or residency. If you fail to do that, you can’t be certified by the party."

Thomas listed only his filing fee as expenses and only $275 in unspecified contributions. Braswell presented Thomas’ campaign signs and other items, which he said were obviously expenses. These expenses weren’t listed on Thomas’ campaign finance form

“He had commercially printed signs," Braswell said. “We found the printer who did them. We confronted him with newspaper ads. It was clear that he’d had expenses."

Thomas admitted to paying cash for the signs. But his lawyer, Collins Pettaway, said Thomas didn’t know he had to report money spent out of his own pocket on campaign finance forms.

Pettaway said Thomas would appeal the ruling to the full State Democratic Executive Committee. If that fails, Thomas will take his case to Circuit Court.

The ruling makes Isaac the nominee, because it made him the only qualified candidate in the race.

Two contests were filed, one by Isaac and one by Greene County Voter Ada Davis. Pettaway said neither contestant properly served Thomas. Isaac was supposed to allow a constable to serve Thomas but did it himself, Pettaway said.

“He has someone in his office who serves papers," Pettaway said. “He decided to do this personally out of spite. He ran afoul of the law. The law says he can’t do that."

Thomas received Davis’ papers when a federal express package was delivered to Thomas. Pettaway said that is also improper.

Braswell said the law Pettaway refers to governs general elections, not primaries. In a party primary, anyone can file a contest, and they must notify only the county or state chairman. It is the county or state chairman, depending on who hears the contest, who must notify the other candidate.

“You can deliver it by pony express if you want," Braswell said.

Pettaway questioned whether Thomas had actually met the threshold for contributions and spending necessary to require him to file a form. He said if you didn’t count Thomas’ qualifying fee, he didn’t meet the threshold. He claims Isaac’s wife, Probate Judge Earlean Isaac, told him to include his qualifying fee in his expenses.

Pettaway claims that the financial disclosure forms don’t say “in black and white" that money spent out of the candidate’s pocket must be reported. Thomas should be subject to a fine at most, he said.

“Mr. Thomas, being a lay person, didn’t understand that," Pettaway said. “He sought advice from the local party chair on what he was supposed to do and followed that advice."

Braswell said the law is very clear. It doesn’t make provisions for good intentions.

Isaac originally contested Thomas’ candidacy claiming Thomas wasn’t a legal Greene County resident. However, Braswell said the issue was more ambiguous than the campaign finance reports and he didn’t revisit it in front of the committee.

“This issue was just so cut and dried," Braswell said of the finance forms.

Pettaway notes that there is a law that says candidates are supposed to mail copies of their financial disclosure forms to the state party chairman. Candidates never follow the rule, he said. Yet that was included in the contest. If that provision is enforced against Thomas, Pettaway said he intends to see that it’s enforced against all candidates.

“The Democratic Party needs to quit dumping on people who loyally support it," Pettaway said. “The party needs to wake up and realize who its supporters and base are and work with them."

Reach Robert DeWitt at robert.dewitt@tuscaloosanews.com or at (205) 722-0203 or (866) 400-8477, ext. 203.

<p>A state Democratic subcommittee has overturned the Greene County Sheriff’s race, declaring incumbent Johnny Isaac the Democratic nominee with no opposition in November.</p><!-- Nothing to do. The paragraph has already been output --><p>Isaac fell to former Deputy Isom Thomas in the June 6 primary, 2,138-1,895. Isaac contested the election before the Greene County Democratic Executive Commission, which upheld Thomas’ election.</p><p>However, the state subcommittee ruled unanimously that Thomas hadn’t properly filed his campaign finance forms.</p><p>It’s mandatory," said Walter Braswell, Isaac’s attorney. State law says that compliance with the fair campaign practices act is a qualification just like age or residency. If you fail to do that, you can’t be certified by the party."</p><p>Thomas listed only his filing fee as expenses and only $275 in unspecified contributions. Braswell presented Thomas’ campaign signs and other items, which he said were obviously expenses. These expenses weren’t listed on Thomas’ campaign finance form</p><p>He had commercially printed signs," Braswell said. We found the printer who did them. We confronted him with newspaper ads. It was clear that he’d had expenses."</p><p>Thomas admitted to paying cash for the signs. But his lawyer, Collins Pettaway, said Thomas didn’t know he had to report money spent out of his own pocket on campaign finance forms.</p><p>He filed his report," Pettaway said. The question is whether it contained adequate information."</p><p>Pettaway said Thomas would appeal the ruling to the full State Democratic Executive Committee. If that fails, Thomas will take his case to Circuit Court.</p><p>The ruling makes Isaac the nominee, because it made him the only qualified candidate in the race.</p><p>Two contests were filed, one by Isaac and one by Greene County Voter Ada Davis. Pettaway said neither contestant properly served Thomas. Isaac was supposed to allow a constable to serve Thomas but did it himself, Pettaway said.</p><p>He has someone in his office who serves papers," Pettaway said. He decided to do this personally out of spite. He ran afoul of the law. The law says he can’t do that."</p><p>Thomas received Davis’ papers when a federal express package was delivered to Thomas. Pettaway said that is also improper.</p><p>Braswell said the law Pettaway refers to governs general elections, not primaries. In a party primary, anyone can file a contest, and they must notify only the county or state chairman. It is the county or state chairman, depending on who hears the contest, who must notify the other candidate.</p><p>You can deliver it by pony express if you want," Braswell said.</p><p>Pettaway questioned whether Thomas had actually met the threshold for contributions and spending necessary to require him to file a form. He said if you didn’t count Thomas’ qualifying fee, he didn’t meet the threshold. He claims Isaac’s wife, Probate Judge Earlean Isaac, told him to include his qualifying fee in his expenses.</p><p>Pettaway claims that the financial disclosure forms don’t say in black and white" that money spent out of the candidate’s pocket must be reported. Thomas should be subject to a fine at most, he said.</p><p>Mr. Thomas, being a lay person, didn’t understand that," Pettaway said. He sought advice from the local party chair on what he was supposed to do and followed that advice."</p><p>Braswell said the law is very clear. It doesn’t make provisions for good intentions.</p><p>Isaac originally contested Thomas’ candidacy claiming Thomas wasn’t a legal Greene County resident. However, Braswell said the issue was more ambiguous than the campaign finance reports and he didn’t revisit it in front of the committee.</p><p>This issue was just so cut and dried," Braswell said of the finance forms.</p><p>Pettaway notes that there is a law that says candidates are supposed to mail copies of their financial disclosure forms to the state party chairman. Candidates never follow the rule, he said. Yet that was included in the contest. If that provision is enforced against Thomas, Pettaway said he intends to see that it’s enforced against all candidates.</p><p>The Democratic Party needs to quit dumping on people who loyally support it," Pettaway said. The party needs to wake up and realize who its supporters and base are and work with them."</p><p>Reach Robert DeWitt at robert.dewitt@tuscaloosanews.com or at (205) 722-0203 or (866) 400-8477, ext. 203.</p>